(PC) Womack v. Gibbons et al

Filing 92

ORDER Regarding 91 In Forma Pauperis Status on Appeal, signed by Magistrate Judge Stanley A. Boone on 11/18/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY JEROME WOMACK,

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Plaintiff,

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v.
W. GIBBONS, et al.,

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Defendants.

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Case No.: 1:19-cv-00615-AWI-SAB (PC)
Appeal No. 21-16780
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL
(Doc. No. 91)

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On October 1, 2021, the instant action filed pursuant to 42 U.S.C. § 1983 was dismissed as a

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discovery sanction and judgment was entered. (Doc. Nos. 80, 81.) On October 21, 2021, Plaintiff

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filed a notice of appeal. (Doc. No. 86.)

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On November 17, 2021, the Ninth Circuit Court of Appeals referred the matter back to this

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Court for the limited purpose of determining whether in forma pauperis status should continue for the

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appeal. 28 U.S.C. § 1915(a)(3). (Doc. No. 91.) The Court finds that this appeal is not taken in bad

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faith and is not frivolous. Accordingly, in forma pauperis status should not be revoked and should

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continue on appeal.

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IT IS SO ORDERED.
Dated:

November 18, 2021
UNITED STATES MAGISTRATE JUDGE

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